Terms of Service

Welcome to Penango!

This website and other Penango Internet services (“sites”) are operated by Penango, Inc. Please read these terms carefully before using or accessing our sites. By using or accessing our services, you agree to these terms. If you do not agree, do not use or access our sites. These terms apply only to our sites; see our End User License Agreement for Penango software.

Penango does not make any representations or warranties about the sites and use of the sites is at your own risk. Penango may modify a site or these terms without notice and in its sole discretion. All modifications are effective immediately after the change is made. Please review these terms each time you visit or access a site to ensure that you are aware of any changes.

  • Licenses. You are granted a limited and revocable license to access the sites for personal, individual use in accordance with these terms. You may not use a site in any jurisdiction where its contents or use are restricted or prohibited by law. You may not use the site for any purpose other than learning about Penango, ordering its products and services, maintaining your customer account, or using the services on the sites according to their stated purposes.
  • Information Collection. Penango is all about privacy, and would rather not have your personal data if it can be avoided. Penango collects and stores information in accordance with the privacy policy posted on this site. You grant Penango an irrevocable and royalty-free license to use any information submitted to Penango through a site. By submitting information to Penango, you represent that the information is accurate, that any use of the information will not violate the rights of a third party, and that the information does not contain any harmful or destructive content (e.g., viruses or worms). Submissions for inclusion in Penango software are covered by our Contribution Agreement.
  • Proprietary Rights of Penango. The sites contain proprietary rights owned by Penango and its licensors. Unless Penango gives you express written permission to the contrary, you may not copy or create derivative works of a site for any reason, including “page scraping,” “framing,” or “mirroring” a site (except for regular proxy and caching uses in temporary storage, or for a permanent archive of the publicly accessible portions of the site for historical, scholarship, and research purposes only) to enclose proprietary information. Any unauthorized use of Penango’s intellectual property on a third party site or for commercial purposes is expressly prohibited. You may not attack or gain unauthorized access to the sites, nor may you cause excessive traffic to be transmitted to or from the sites beyond that which is needed for your personal use.
  • Account Terms. Certain features of the sites allow you create customer accounts. You must be 13 years or older to use the sites. You must be a human; accounts registered by “bots” or other automated methods are not permitted. Your logins (credentials used to access your accounts) may only be used by one person; a single login shared by multiple people is not permitted. You are responsible for maintaining the security of your accounts and for all activity that occurs under your accounts.
  • API Terms. Penango does not currently offer an API that others may use to access the sites, except when used with the Penango software. Should Penango offer an API, specific terms and conditions that apply to the API will be posted here.
  • Links. A site may link to another site under the control of a third party. These links are provided for convenience only. Penango does not endorse, monitor, control or verify the contents of any third party website and is not liable for any content accessed through a link.
  • Trademarks. “Penango” and the Penango logo are registered trademarks of Penango, Inc. and are protected under the laws of the United States, the European Union, and other countries. You agree that all of Penango’s trademarks, trade names, service marks, logos, and brand features (“these marks”) are the property of Penango, Inc. Without Penango’s prior permission, you agree not to display or use these marks in any manner. All other marks are the property of their respective owners.
  • No Warranties. The sites are provided on as “as is” and “as available” basis. Penango disclaims all warranties and representations, express or implied, related to the sites, including any warranty on the accuracy or timeliness of information presented through a site and all warranties related to non-infringement and fitness for a particular use.
  • Waiver of Liability. You waive all liability of Penango related to the sites, even if Penango is aware of the possibility of liability. Penango is not responsible for any inaccurate content or information on a site. Penango is also not responsible for problems or technical malfunctions of a site or any equipment or software used to access a site. Penango is not liable for any loss or damage related to the use of a site. The disclaimers and limitations on warranty herein apply to the maximum extent allowed by law.
  • Indemnity. You agree to indemnify and hold Penango harmless against any damages, fees, and expenses (including reasonable attorney fees) related to a third party claim where such claim arises out of your use of a site, including your use of a link on our sites or your submission of information through our sites.
  • Governing Law. All site-related disputes are governed by the laws of the state of California without regard to any conflict of law principles. You agree to personal jurisdiction by and exclusive venue in the state and federal courts in Los Angeles, California.
  • Entire Agreement. These terms contain the entire agreement between you and Penango with respect to your use of the sites. There are no third-party beneficiaries. Any term held invalid by a competent court of law does not affect the validity and enforceability of the other terms herein.

Portions of this site and other sites are © 2012 Penango, Inc.

Last updated 2/1/2011